Explosive device usage involving thousands of pagers and walkie-talkies in Lebanon last week marked a notable event, igniting discussions about potential war crimes amidst reports of dozens killed and approximately 3,000 injured.
The question of whether these actions constitute a war crime is now in the hands of the International Criminal Court (ICC) Prosecutor, who is tasked with investigating serious offenses such as war crimes and crimes against humanity.
Karim Khan, the lead prosecutor, emphasizes the importance of adhering to legal jurisdiction, clarifying, “I must be disciplined regarding my statements. Our jurisdiction does not extend to Lebanon since it is not a state party to our statutes. We are concentrating on scenarios that clearly fall within our legal mandate.”
Prosecuting the Israel/Hamas Conflict
Earlier this year, the ICC sought arrest warrants against Hamas leaders and Israeli leaders, including Prime Minister Benjamin Netanyahu. In response, the Israeli foreign ministry petitioned to appeal the warrants, contending that the ICC did not permit Israel the opportunity to conduct its own investigation into the claims.
Khan responded to this assertion, stating, “No, I do not agree with that assessment. I have consistently articulated that our investigations encompass crimes allegedly committed by Hamas, while also acknowledging that Israel’s leadership has obligations under international law.” He highlighted the lack of Israeli applications to the ICC since 2021.
Additionally, significant backlash has arisen from prominent leaders, including President Biden, who labeled the ICC’s actions against Israeli figures as ‘outrageous,’ arguing that it suggests a false equivalence between Hamas and Israel.
Khan asserted, “Every individual has rights under U.S. values, and I maintain that the law must apply equally to all. I have empathy for the child victims on both sides of this conflict, regardless of their backgrounds.”
Addressing Global Crises
Recently, Khan also spoke to the U.N. Security Council about the civil war in Sudan, which has resulted in a humanitarian crisis featuring starvation and mass displacements.
Khan cautioned that the ICC is not a comprehensive solution to global crises, stressing, “Building confidence in the aftermath of problems like those in Darfur requires collaboration among nations. We lack enforcement mechanisms without state support.” He urged international stakeholders, including the United States and the European Union, to address the severe allegations of famine and widespread violence.
